MADPET is for the Abolition of Death Penalty, an end of torture and abuse of rights by the police, an end to death in custody, an end to police shoot to kill incidents, for greater safeguards to ensure a fair trial, for a right to one phone call and immediate access to a lawyer upon arrest, for the repeal of all laws that allow for detention without trial and an immediate release of all those who are under such draconian laws.

Tuesday, November 03, 2015

Singapore, do not execute Sarawakian Kho Jabing

Kho Jabing, a 31 year old Sarawakan on death row in Singapore, had his
clemency petition rejected by the President on the advise of the Cabinet
on 19 October 2015. He has exhausted all legal avenues and is at risk
of being executed soon.

The Anti-Death Penalty Asia Network (ADPAN) urgently calls on the
government of Singapore to halt the impending execution of 31 -year-old
Sarawakian Kho Jabing, whose application for clemency was rejected by
the President of Singapore on 19 October.

Kho Jabing was arrested in February 2008 for his participation in a
robbery during which he hit a victim with a wooden stick or branch,
resulting in the man’s death. He was convicted in 2010 under Section
300c of Singapore’s Penal Code, and his mandatory death sentence was
confirmed by the Court of Appeal in 2011.

In 2013, amendments to Singapore’s mandatory death penalty regime
came into force, allowing Jabing the opportunity to be re-sentenced.
Describing Jabing’s actions as “opportunistic and improvisational”, a
High Court judge re-sentenced him to life imprisonment with 24 strokes
of the cane. However, the prosecution appealed and in January 2015 a
five-judge Court of Appeal reinstated the death sentence after deeming
in a majority decision that Jabing had “exhibited a blatant disregard
for human life”.

It is important to note that Jabing’s final death sentence was not
passed with a unanimous decision, but a slim majority. Two of the five
appeal judges did not feel that the death penalty was appropriate for
his crime, and felt that there was reasonable doubt as to the number of
times and intensity with which Jabing had hit his victim that would
affect any consideration of whether he had acted with a blatant
disregard for human life.

The death penalty is the most final and irreversible of punishments.
We cannot afford a single shred of doubt when a state condemns an
individual to the gallows.

Yet here we have the case of three learned judges – the High Court
judge and two Court of Appeal judges – saying they did not believe
capital punishment suitable in Jabing’s case. It is therefore unsafe to
pass the ultimate sentence of death when doubt clearly exists even among
Singapore’s most esteemed legal professionals.

ADPAN urges the President and the Cabinet of Singapore to reconsider their decision not to grant Jabing clemency.

Issued by:

ADPAN Executive Committee

URGENT ACTION NEEDED:-

Send
letters/emails calling on the Singapore government to no execute Kho
Jabing. A sample open letter by The Singapore Working Group on the Death
Penalty can be found below.

You can send your letter to the following:

President of Singapore
His Excellency Tony Tan Keng Yam Office of the President of the Republic of Singapore
Orchard Road, Singapore 238823
Fax: (65) 67353135
Email: istana_feedback@istana.gov.sg

The letter that was sent by The Singapore Working Group on the Death Penalty

Mercy for Kho Jabing: An open letter to the Cabinet

Dear distinguished Ministers,

We are writing this letter of appeal for Kho Jabing, whose petition
for clemency was rejected on 19 October 2015. We urge the Cabinet to
reconsider his clemency in light of the fact that there was no unanimous
decision even at the highest court of the land, and our learned judges
were split in their opinion of whether the death penalty was appropriate
in his case.

We also seek the compassion of the Cabinet for the family of Jabing,
who have gone through much suffering since his original sentencing. His
father passed away shortly while Jabing’s case was ongoing, and Jabing’s
sister Jumai believes that her father’s illness prior to his death was
due to Jabing’s incarceration, which came as a great blow for him. His
mother, who has been unable to work due to health reasons, has lost both
her sources of financial support and has been living on the goodwill of
her neighbours and minimal state welfare ever since then.

On top of her ill-health, the thought of losing Jabing, her only son,
is too much for his mother to bear. We cannot imagine the effect of his
death will have on her wellbeing.

We understand the grievousness of his offence but hope that he will
be given a second chance and a more meaningful way to atone for his
crime.

We hope that our Ministers will be compassionate and consider all
factors related, especially the impact of capital punishment on Jabing’s
family, and exercise mercy by commuting his death sentence to that of
life imprisonment.

Yours sincerely,

Singapore Working Group on the Death Penalty
__________________________________________

The Singapore Working Group on Death Penalty comprises the
Singapore Anti-Death Penalty Campaign, We Believe in Second Chances and
Think Centre. All three organisations are also members of the Anti-Death
Penalty Asia Network (ADPAN).

On 18 December 2007, the UN General Assembly endorsed a resolution calling for "a moratorium on executions" by an overwhelming majority: 104 votes in favour, 54 against and 29 abstentions. - RESOLUTION 62/149

On 18 December 2008, the United Nations General Assembly adopted a second resolution calling for a moratorium on the use of the death penalty. 106 countries voted in favour of the draft resolution, 46 voted against and 34 abstained.

22/12/2010, the United Nations General Assembly 3rd resolution in favour of a universal moratorium on the death penalty : 108 countries voted in favour, with 41 against and 36 abstentions.

Radio Interviews & VDOs

BFM Radio (13/10/2011) - Talking with Charles Hector and Nico Tuijn about the death penaltyDeath in Dilemma - The Final Curtain (produced by the Malaysian Bar), about 25 minuted, is shown in the first part of this VDO

MADPET (Malaysian Against Death Penalty and Torture)

MADPET is a movement for the abolition of death penalty and torture, and it is also been involved in issues of administration of justice, death in custody, freedom of expression, opposing abuse of power and wrongdoings by the police, prison authorities and other enforment authorities, animal rights, rights of minority groups, housing rights, rights of the disabled, concerns in the criminal justice system. MADPET is for the promotion of human rights, human freedoms and justice in Malaysia and in our world.